Commonwealth ex rel. City of Richmond v. Shelton

CULLEN, Commissioner.

The Commonwealth appeals from an order of the Madison Circuit Court granting a new trial to the defendant John D. Shelton, who had been convicted of the offense of operating an overloaded truck, which is a misdemeanor. The contention is that the circuit court abused its discretion in granting the new trial.

The prosecution in the circuit court was on appeal from a judgment of conviction in the police court of the City of Richmond. Upon the case being called for trial in the circuit court on May 14, 1951, neither the defendant nor his attorney was present, but another…